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Wrongful Termination? How to Sue When Illegally Terminated

If your employer fired you from your job, and you are sure you did nothing to deserve termination, how do you challenge the decision and receive compensation?

wrongful termination claims, workers compensation claim, wrongful termination laws

Wrongful Termination

Wrongful termination means that an employee has been laid off from their employment without any legal reason. It includes the following situations:

  • The employer fires by violating the state and anti-discrimination federal laws.
  • The employer fires by violating the written and oral employment agreements and contracts.
  • Retaliation – meaning an employer fires a worker because of bringing to light when the employer is planning to or violates a state or federal law.
  • The employer fires an employee complaining of discrimination, hostility in the workplace, and sexual harassment.

Legal Reasons to Fire an Employee

  • Reduction in the workforce
  • Going out of business
  • Poor performance
  • The employee’s fault for an action.

     

How lawyers with experience can help with wrongful termination of employees

If you think you have been terminated illegally from your job, You can file a wrongful termination claim against your employer even if it was termination due to just cause’.

Conducting a wrongful termination action is a challenge. It involves tedious legal proceedings. It is best to consult a wrongful termination attorney, as he can analyze the wrongful termination case by considering many facts and seeking information to prove that you have been wrongfully terminated.

Wrongful Termination Cases

Below are the common unlawful termination cases and why you should look for a wrongful termination lawyer to help you:

  • Employment contract violation

You may be laid off if your written contract lists provisions and reasons. Your employer should not fire you for other reasons exclusive to the contract. The other reasons not in the contract for termination can result in a breach of contract.

When you have other written statements, such as an offer letter, that promise you job security, yet your employer violates it, For example, the written material may state that you can be laid off only for the reasons outlined in the material or for a good cause. If so, you can present those statements in court.

A lawyer with experience can help you review your employment contract and other written statements. Then check if the reason for your termination is in the employment contract.

  • Employer policy violation

In some cases, the stipulated policies provide the procedures to follow in the event of indiscipline. An attorney can help you find out if there is a discipline policy that your employer failed to follow. Your employer may have a question to answer for breach of contract.

  • Discrimination

If you think you have been laid off because of discrimination based on your color, gender, national origin, disability, pregnancy, age, or genetic information, You should consult your attorney immediately.

If you have been the victim of discrimination-based wrongful termination, it is important to take action as soon as possible. An experienced attorney can help you hold your former employer accountable and get the compensation you deserve. Contact us today to learn more.

  • Implied promises

These are agreements based on things an employer did or said. They are exceptions to the at-will policy. Some employers can promise employment for some time, continued employment, or if the employers have set some forms of discipline in the employee handbook.

In determining if there is an implied employment contract, the court will look at the following:

  1. Your employment’s duration.
  2. The regularity of job promotions.
  3. Performance reviews and positive history.
  4. Your employer’s promise that you will have continued employment.
  5. If your employer did not consider the usual practices when laying you off, for instance, neglecting to give a warning. 

 

  • Whistle-blowing violations

The whistle-blowing laws protect those who report unlawful activities or things that can harm the public. The whistle-blowers can provide complaints if their employer breaks labor laws, ordinances, or any environmental regulations. 

  • Violations of public policy

Employers should not fire employees if they can violate public policy and other employment laws. For instance, employers should not terminate an employee because of missing work to complete jury duty.

  • Fraud

Sometimes, an employer can fire a worker wrongly and deviously by committing fraud. Fraud happens mainly during the recruitment process because it is when an employer promises some things and later breaks them. It can also occur when a worker is persuaded to resign at the last stages of employment.

It is hard to prove an employer’s fraud because you have to show that their actions were on purpose and that they had put effort into intentionally tricking you. Experienced lawyers will help you get the good documentation needed on how, when, and by what way the false representations happened.

Do you want to learn more about wrongful termination and how to sue when illegally terminated? Welcome to J.P WARD & Associates, LLC

When you are terminated from your job, it can be a very difficult and confusing time. If you feel that you were wrongfully terminated, it is important to know that you may have legal options available to you.

If you think you were unlawfully terminated, you can call an attorney with the right skills and knowledge. We have years of experience in employment law, and we will review and analyze the facts of your case and determine the best action to take.

Our wrongful termination attorneys will help you with the EEOC process and represent you in court as required. If you need to sue your previous employer for terminating you wrongly, Our experienced attorneys will help you get the best worker’s compensation claim.

You can visit us at 201 South Highland Ave for more information on wrongful termination. Suite 201 Pittsburgh, PA 15206 or at 500 Office Center Drive, Suite 400, Fort Washington, PA 19034, or call us at (412) 426-4878 to book an appointment today.